16 U.S.C. § 3706 — Audits, report requirements, and petition

Page 2330 TITLE 16—CONSERVATION § 3705 rates, for a period of up to five years from March 26, 1984. (b) Reimbursement The Foundation may reimburse the Secretary for any administrative service provided under subsection (a). The Secretary shall deposit any reimbursement received under this subsection into the Treasury to the credit of the appropria- tions then current and chargeable for the cost of providing such services. Notwithstanding any other provision of this section, the Secretary of the Interior is author- ized to continue to provide facilities, and nec- essary support services for such facilities, to the National Fish and Wildlife Foundation after March 26, 1989, on a space available, reimburs- able cost basis. (Pub. L. 98–244, § 5, Mar. 26, 1984, 98 Stat. 109; Pub. L. 100–240, § 3, Jan. 11, 1988, 101 Stat. 1786; Pub. L. 100–653, title IX, § 903, Nov. 14, 1988, 102 Stat. 3834.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–653 inserted provision at end author- izing Secretary of the Interior to continue to provide facilities and necessary support services to National Fish and Wildlife Foundation after Mar. 26, 1989, on space available, reimbursable cost basis. Pub. L. 100–240 designated existing provisions as sub- sec. (a), inserted heading, and struck out ‘‘, and may accept reimbursement therefor, to be deposited in the Treasury to the credit of the appropriations then cur- rent and chargeable for the cost of providing such serv- ices’’ after ‘‘March 26, 1984’’, and added subsec. (b). § 3705. Volunteer status The Secretary of the Interior or the Secretary of Commerce may accept, without regard to the civil service classification laws, rules, or regula- tions, the services of the Foundation, the Board, and the officers and employees of the Board, without compensation from the Department of the Interior or the Department of Commerce, as volunteers in the performance of the functions authorized herein, in the manner provided for under section 742f(c) of this title. (Pub. L. 98–244, § 6, Mar. 26, 1984, 98 Stat. 109; Pub. L. 106–408, title II, § 203(c)(2), Nov. 1, 2000, 114 Stat. 1779.) Editorial Notes AMENDMENTS 2000—Pub. L. 106–408 substituted ‘‘Secretary of the In- terior or the Secretary of Commerce’’ for ‘‘Secretary’’ and inserted ‘‘or the Department of Commerce’’ after ‘‘Department of the Interior’’. § 3706. Audits, report requirements, and petition of Attorney General for equitable relief (a) Audits For purposes of section 10101 of title 36, the Foundation shall be treated as a Corporation in part B of subtitle II of title 36. (b) Report The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to the Committee on Resources of the House of Rep- resentatives and the Committee on Environ- ment and Public Works of the Senate a report of its proceedings and activities during such year, including a full and complete statement of its receipts, expenditures, and investments; and a description of all acquisition and disposal of real property that is subject to section 3703(e) of this title. The report shall include a detailed state- ment of the recipient, amount, and purpose of each grant made by the Foundation in the fiscal year. (c) Relief with respect to certain Foundation acts or failure to act If the Foundation— (1) engages in, or threatens to engage in, any act, practice, or policy that is inconsistent with its purposes set forth in section 3701(b) of this title; or (2) refuses, fails, or neglects to discharge its obligations under this chapter, or threatens to do so; the Attorney General of the United States may petition in the United States District Court for the District of Columbia for such equitable re- lief as may be necessary or appropriate. (Pub. L. 98–244, § 7, Mar. 26, 1984, 98 Stat. 110; Pub. L. 100–240, § 2(b)(2), Jan. 11, 1988, 101 Stat. 1786; Pub. L. 106–408, title II, § 205, Nov. 1, 2000, 114 Stat. 1780.) Editorial Notes CODIFICATION In subsec. (a), ‘‘section 10101 of title 36’’ substituted for ‘‘the Act entitled ‘An Act for audit of accounts of private corporations established under Federal law’, approved August 30, 1964 (Public Law 88–504, 36 U.S.C. 1101–1103)’’ and ‘‘a corporation in part B of subtitle II of title 36’’ substituted for ‘‘a private corporation estab- lished under Federal law’’ on authority of Pub. L. 105–225, § 5(b), Aug. 12, 1998, 112 Stat. 1499, the first sec- tion of which enacted Title 36, Patriotic and National Observances, Ceremonies, and Organizations. AMENDMENTS 2000—Subsec. (b). Pub. L. 106–408 substituted ‘‘the Committee on Resources of the House of Representa- tives and the Committee on Environment and Public Works of the Senate’’ for ‘‘Congress’’ and inserted at end ‘‘The report shall include a detailed statement of the recipient, amount, and purpose of each grant made by the Foundation in the fiscal year.’’ 1988—Subsec. (b). Pub. L. 100–240 inserted ‘‘; and a de- scription of all acquisition and disposal of real property that is subject to section 3703(e) of this title’’ before pe- riod at end. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (b) of this section is listed on page 203), see section 3003 of Pub. L. 104–66, as amended, set out Page 2331 TITLE 16—CONSERVATION § 3709 as a note under section 1113 of Title 31, Money and Fi- nance. § 3707. United States release from liability The United States shall not be liable for any debts, defaults, acts, or omissions of the Foun- dation nor shall the full faith and credit of the United States extend to any obligation of the Foundation. (Pub. L. 98–244, § 8, Mar. 26, 1984, 98 Stat. 110.) § 3708. Reservation of right to amend or repeal chapter The Congress expressly reserves the right to repeal or amend this chapter at any time. (Pub. L. 98–244, § 9, Mar. 26, 1984, 98 Stat. 110.) § 3709. Authorization of appropriations (a) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this Act for each of fiscal years 2021 through 2030— (A) $15,000,000 to the Secretary of the Inte- rior; (B) $5,000,000 to the Secretary of Agri- culture; and (C) $5,000,000 to the Secretary of Com- merce. (2) Requirement of advance payment The amount made available for a fiscal year under paragraph (1) shall be provided to the Foundation in an advance payment of the en- tire amount on October 1, or as soon as prac- ticable thereafter, of the fiscal year. (3) Use of appropriated funds Subject to paragraph (4), amounts made available under paragraph (1) shall be provided to the Foundation for use for matching, on a 1-to-1 basis, contributions (whether in cur- rency, services, or property) made to the Foundation, or to a recipient of a grant pro- vided by the Foundation, by private persons and State and local government agencies. (4) Prohibition on use for administrative ex- penses No Federal funds made available under para- graph (1) shall be used by the Foundation for administrative expenses of the Foundation, in- cluding for salaries, travel and transportation expenses, and other overhead expenses. (b) Additional authorization (1) Amounts from Federal agencies (A) In general In addition to the amounts authorized to be appropriated under subsection (a), Fed- eral departments, agencies, or instrumental- ities are authorized to provide funds to the Foundation through Federal financial assist- ance grants, cooperative agreements, par- ticipating agreements, and similar instru- ments used for providing partnership funds, subject to the condition that the amounts are used for purposes that further the con- servation and management of fish, wildlife, plants, and other natural resources in ac- cordance with this Act. (B) Funding agreements Federal departments, agencies, and instru- mentalities may enter into a Federal fund- ing agreement with the Foundation for a pe- riod of not more than 10 years. (C) Advances Federal departments, agencies, or instru- mentalities may, and should when possible, advance amounts described in subparagraph (A) to the Foundation in a lump sum with- out regard to when the expenses for which the amounts are used are incurred. (D) Management fees The Foundation may assess and collect fees for the management of amounts re- ceived under this paragraph. (2) Use of amounts accepted from Federal agencies Federal funds provided to the Foundation under paragraph (1) may be used by the Foun- dation for matching, in whole or in part, con- tributions (whether in currency, services, or property) made to the Foundation by private persons, State and local government agencies, and other entities. (3) Administration of amounts (A) In general In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumen- tality shall have discretion to waive any competitive process applicable to the depart- ment, agency, or instrumentality for enter- ing into contracts, agreements, or partner- ships with the Foundation if the purpose of the waiver is— (i) to address an environmental emer- gency resulting from a natural or other disaster; or (ii) as determined by the head of the ap- plicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources. (B) Reports The Foundation shall include in the an- nual report submitted under section 3706(b) of this title a description of any use of the authority under subparagraph (A) by a Fed- eral department, agency, or instrumentality in that fiscal year. (c) Prohibition on use of grant amounts for liti- gation and lobbying expenses Amounts provided as a grant by the Founda- tion shall not be used for— (1) any expense related to litigation; or (2) any activity the purpose of which is to in- fluence legislation pending before Congress. (d) Use of gifts, devises, or bequests of money or other property Any gifts, devises, or bequests of amounts or other property, or any other amounts or other